As great as copyright is, because really we all want to protect our own intellectual property no one wants someone else to be able to steal something they created, there's also no room for taking into account a persons creativity or innovation. There is a set of rules that fall under copyright and if you violate those rules that is copyright infringement. But what happens when people want to do something creative for shows and movies they like? Or musicians they love? Or books they can't imagine life without?
It's hard to know where to draw the line. "Copyright law offers no standard for creativity either, it merely defines the scope of protected works and requires that they be ‘original’. In UK copyright law, for example, ‘originality’ means the employment of ‘labour, skill and judgment’, while in European law on author’s rights, the concept of originality requires that a work be its author’s ‘own intellectual creation’. In neither, however, is there a specific requirement of creativity or novelty (as is the case with patents) and many items that have no spark of novelty are afforded copyright protection – so great poetry and the ditties in greetings cards are
equally protected" (Towse, 2010).
I think that in some respects things are taken way too seriously. There are some author's who have lashed out on fans for using quotes from their books or pictures of characters from there book turned movie in order to create something for themselves or for their friends and really as long as no one is selling anything I don't see what the problem is. Fans who create stuff based on TV shows, movies, books or music are in reality giving those media outlets free advertisements. Maybe there are people who see what fans create and then go on to watch that movie or show or listen to that song or read that book. That makes those companies and people more money.
This is why I think a lot of copyright infringement issues aren't addressed. Actors, writers, musicians, television networks and movie producers know how important it is to have their names and creations out there. As long as people are talking about you and press is being given most organizations and people are good about not pressing charges against fans who are just trying to show their appreciation. I think there is a nice symbiotic relationship between the two. They feed into each other and sort of give back to one another.
References:
Towse, R. (2010). Creativity, Copyright and the Creative Industries Paradigm. Kyklos, 63(3), 461-478.
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